LOCAL FISCAL ADMINISTRATION

Reporter: RAUL R. MELEGRITO

Local government units, by virtue of the 1987 Constitution and the Local Government Code of 1991, otherwise known as Republic Act 7160 have been given the power to raise certain taxes.

Each local government unit (LGU) has

the power to create its own sources of revenue and to levy taxes, fees, and charges

The grant of power to create sources of revenue is consistent with the basic policyof local autonomy

The taxes, fees and charges shall accrue exclusively to the LGU.

Power to Create Sources of Revenue

(Sec. 129)

1.) Province - It is the largest unit in the political structure of the Philippines. It consists in varying numbers of municipalities and, in some cases, of component cities.2.) City -There are three classes of cities in the Philippines: the highly-urbanized, the independent component cities which are independent of the province, and the component cities which are part of the provinces where they are located and subject to their administrative supervision.

Following political subdivisions have the power

to tax:

3.) Municipality- It is a political corporate body which is endowed with the facilities of a municipal corporation, exercised by and through the municipal government in conformity with law. It is a subsidiary of the province which consists of a number of barangays within its territorial boundaries, one of which is the seat of government found at the town proper.

  4.) Barangay- The smallest political unit into which cities and municipalities in the Philippines are divided. It is the basic unit of the Philippine political system. It consists of less than 1,000 inhabitants residing within the territorial limit of a city or municipality and administered by a set of elective officials, headed by a barangay chairman.

 

CONSTITUTION AUTHORIZES CREATION OF SOURCES OF REVENUE AND LEVY TAXES

Section 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments.

SEC. 130. Fundamental Principles – the following fundamental principles shall govern the exercise of the taxing and other revenue-raising powers of local government units:

a. Taxation shall be uniform in each local government unit;b. Taxes, fees, charges and other impositions shall:

1. Be equitable and based as far as practicable on the taxpayer’s ability to pay;

2. Be levied and collected only for public purposes;3. Not be unjust, excessive, oppressive, or

confiscatory; 4. Not be contrary to law, public policy, national

economic policy, or in restraint of trade; c. The collection of local taxes, fees, charges and other

impositions shall in no case be let to any private person;d. The revenue collected pursuant to the provisions of this

Code shall inure solely to the benefit of, and be subjected to disposition by, the local government until levying the tax, fee, charge or other imposition unless otherwise specifically provided herein; and

e. Each local government unit shall, as far as practicable, evolve a progressive system of taxation.

THE CONDUCT AND MANAGEMENT

OF FINANCIAL AFFAIRS, TRANSACTIONS, AND OPERATIONS

OF PROVINCES, CITIES, MUNICIPALITIES, AND BARANGAYS.

SEC. 305. Fundamental Principles. – The financial affairs, transactions, and operations of local government units shall be governed by the following fundamental principles:

(a) No money shall be paid out of the local treasury except in pursuance of an appropriations ordinance or law;(b) Local government funds and monies shall be spent solely for public purposes;(c) Local revenue is generated only from sources expressly authorized by law or ordinance, and collection thereof shall at all times be acknowledged properly;(d) All monies officially received by a local government officer in any capacity or on any occasion shall be accounted for as local funds, unless otherwise provided by law;(e) Trust funds in the local treasury shall not be paid out except in fulfillment of the purpose for which the trust was created or the funds received;

(f) Every officer of the local government unit whose duties permit or require the possession or custody of local funds shall be properly bonded, and such officer shall be accountable and responsible for said funds and for the safekeeping thereof in conformity with the provisions of law;(g) Local governments shall formulate sound financial plans, and the local budgets shall be based on functions, activities, and projects, in terms of expected results; development plans, goals, and strategies in order to optimize the utilization of resources and to avoid duplication in the use of fiscal and physical resources;(i) Local budgets shall operationalize approved local development plans;(j) Local government units shall ensure that their respective budgets incorporate the requirements of their component units and provide for equitable allocation of resources among these component units;

(k) National planning shall be based on local planning to ensure that the needs and aspirations of the people as articulated by the local government units in their respective local development plans are considered in the formulation of budgets of national line agencies or offices;(l) Fiscal responsibility shall be shared by all those exercising authority over the financial affairs, transactions, and operations of the local government units; and(m) The local government unit shall endeavor to have a balanced budget in each fiscal year of operation.

THANK YOU